Expert: Lee Meyer - 8/28/2007

Question
LAST NIGHT MY DOG GOT OUTSIDE OF MY HOUSE WITHOUT MY KNOWLEDGE AND BEGAN BARKING A POLICE OFFICER SHOWED UP AND PROCEEDED TO NOT EVEN BOTHER TO CALL ANIMAL CONTROL BUT TO ADVANCE ON THE DOG HIMSELF. HE GOT NIPPED BY THE DOG ON THE LEG, NOT TEARING OR VISCIOUSLY BUT THE DOG WAS GROWLING, HE THEN PROCEEDED TO DRAW HIS FIREARM AND SHOOT AT MY DOG 4-5 TIMES FROM CLOSE TO POINT BLANK RANGE, LESS THAN A FOOT AWAY FROM MY DOG. AND SHOT IT TWICE IN THE BACK, THERE HAS TO BE SOME LAW AGAINST WHAT HE DID, SOME CODE OF ETHICS BROKEN, SOMEWHERE, SOMEHOW, HE DID NOT TRY EVERY OTHER MEASURE POSSIBLE BEFORE RESORTING TO DEADLY FORCE. AM I RIGHT?

Answer
Hi Tracy,

I am sorry to hear about what happened to your dog.

To be perfectly honest, I can't answer your question with a direct answer because I think there are multiple legal questions associated with it, and I'm not a lawyer.

I think what I would do is contact an attorney with some kind of experience in this area who knows your local codes and ordinances and what the area's standard police procedures are, and go from there.  There are probably a lot of factors such an attorney would want to take into consideration, including type of dog, was the officer following 'normal' or 'standard' procedures by advancing on the dog alone, whether you were at home at the time, if the officer tried to see if you were home, etc, and what kind of laws/ordinances are on the books where you live right now that can either help or hurt your case.

In general, police officers are allowed to use deadly force if they feel their lives are in danger or that someone/something else will cause serious harm to them or others.  The officer may have felt that if this loose dog would bite a strange adult, it wouldn't be afraid to go after other adults or children.  Now whether the officer's actions instigated the biting or not is another matter, but if the officer's actions violated standard police policies that's where your strongest argument would be.  I do know that not every place has animal control officers (who normally are police officers themselves) so regular police sometimes must fill this role and attempt to control an animal.  

I can't give you a better answer, but the reality is that there are differences in the law depending on where you live that take into account numerous factors.  I am sorry for you and the loss of your dog.

Lee